Is it illegal to sell tobacco?

It is illegal to sell tobacco without permission, and if the circumstances are serious, it is suspected to constitute the crime of illegal business operation. In order to ensure the normal operation of the market economic order, China restricts some material transactions related to the national economy and people's livelihood, people's life, health and safety, and public interests. After approval and obtaining a business license, they can engage in business activities such as acquisition, storage, transportation, processing, wholesale and sales. The tobacco monopoly license is issued by the tobacco monopoly administrative department of China, allowing companies, enterprises, units and individuals to operate and sell tobacco.

Selling cigarettes is an illegal act of illegal business and a crime. Whoever sells tobacco privately, in large quantities or if the circumstances are relatively bad, violates the relevant laws and regulations, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, and shall also be fined not less than one time but not more than five times the illegal income. Whoever violates the provisions of the Import and Export Commodity Inspection Law, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.

Those who engage in the wholesale business of tobacco products without the license of a tobacco monopoly wholesale enterprise shall be ordered by the department of tobacco monopoly administration to close or stop the wholesale business of tobacco products, their illegal income shall be confiscated, and a fine of more than 50% 100% of the value of illegally wholesale tobacco products shall be imposed. Those who engage in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, the illegal income shall be confiscated, and a fine of more than 20% and less than 50% of the total illegal business shall be imposed.

Constitutive elements of the crime of illegal business operation

1, the object of infringement is market order;

2. Objectively speaking, it is an unapproved franchise, a business license or approval document stipulated by administrative regulations, and other illegal business operations that disrupt market order and have serious circumstances;

3. The subject is a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility;

4. Subjectively, it is intentional and has the purpose of seeking illegal interests.

To sum up, buying tobacco privately is definitely illegal, a crime and a crime of illegal business operation. Whoever, without permission, specializes in or monopolizes commodities or other commodities with restricted trading as stipulated by laws and administrative regulations shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income.

Legal basis:

Tobacco monopoly law

Article 35

Selling tobacco monopoly products, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the tobacco monopoly products and illegal income, and may also impose a fine.

Any staff member of the department of tobacco monopoly administration or tobacco company who takes advantage of his position to commit the crime mentioned in the preceding paragraph shall be given a heavier punishment according to law.

criminal law

Article 225

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.